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Norway to be brought to court over local authorisation for construction services

18.12.2014

PR(14)74

Norway has failed to fulfil its obligations under EEA law regarding free access and activity of construction services. Therefore the EFTA Surveillance Authority decided today to bring the matter before the EFTA Court.

In order to perform certain construction works in Norway, undertakings need to obtain authorisation, for each project, by local governments before starting their activites. An undertaking can apply for central approval, but is still required to obtain a local authorisation in addition to that approval.

The Authority considers this prior local authorisation requirement to be an administrative barrier to the provision of cross-border services and in breach of the principle of the freedom to provide services which goes beyond what must be considered proportionate in pursuing any legitimate public aims in this regards.

After receiving a Reasoned Opinion from the Authority in May 2012, Norway made it clear that it will modify its national legislation. Furthermore, Norway has adopted a new Building Act and proposed a new draft Regulation.

However, for the third time, Norway has decided to postpone the entry into force of the new legislation. Following this additional delay, the Authority has no choice but to bring the case before the EFTA Court.

 

For further information, please contact:

Mr. Andreas Kjeldsberg Pihl
Press & Information Officer
tel. (+32)(0)2 286 18 66
mob. (+32)(0)492 900 187




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